Strasbourg, 18/01/2001 (Agence Europe) - By adopting the report by Dutch Christian-Democrat Ria Oomen-Ruitjen, the European Parliament has returned to the difficulties encountered in the daily lives of many border worker who work in a Member State different to the one in which they live, and calls for the drawing up of a directive compelling Member States to analyse the impact of their legislation, especially tax and social, on the situation of border workers and providing for systems of compensation for loss of income stemming from this (see EUROPE of 13 January, p.14).
During the debate, Ms. Oomen-Ruitjen stressed that problems linked to cross-border work would increase with enlargement. She regretted the lack of action taken by Member States, as well as the fact that politicians leave it up to the Court of Justice to decide on the problems stemming from the lack of harmonisation of national legislation. She pleads, in particular, for: (1) the drawing up of a draft directive on the effects of border work (the EP had already made this request in 1990); (2) an acceleration in Council work on the modernisation of the 1971 regulation; (3) more thorough monitoring by the Commission of bilateral treaties on tax and social cover to avoid double taxation, coupled with preventive control.
German Christian-Democrat Christa Klass called for greater justice for border workers, and said that the internal market should be complemented by a genuine labour market. Belgian Socialist Anne van Lancker pleaded in favour of harmonisation, for which she nevertheless acknowledged that this was still utopic for now. Dutch Liberal Toine Manders spoke in favour of the principle the application of the legislation of the country of residence and not, as proposed by the rapporteur, the country of the place of work. British Green Jean Lambert placed emphasis on the need to avoid dual taxation and always to seek the best solution for citizens.
Commissioner Margot Wallstrom confirmed that a study of problems linked to border work would be undertaken in 2001. The Commission backs all the projects that allow for problems linked to social cover and especially health being settled locally. As for the idea of a draft directive on the impact of border work, the Commission does not believe this type of legislative instrument to be adequate, and that it is better to encourage cross-border cooperation. Member States are particularly jealous of their competencies in matters of taxation, and the Commission will not therefore be able to make very effective proposals in this field. Whatever, it is the State of residence that remains the foremost place for the payment of contributions, she added.